Green Card Options for Individuals with Advanced Degrees

1. What options are available for individuals with advanced degrees who want to obtain a US Green Card?


There are two main options available for individuals with advanced degrees who want to obtain a US Green Card:

1. The Employment-Based (EB) Green Card: This is the most common way for individuals with advanced degrees to obtain a Green Card. If you have an advanced degree, you can apply for an Employment-Based Green Card if you have an employer who is willing to sponsor you.

2. The Diversity Immigrant Visa Program (DV): This program is open to individuals with advanced degrees from countries with low rates of immigration to the United States. This program grants up to 50,000 visas each year to applicants who meet certain eligibility requirements.

2. What are the qualifications for an individual with an advanced degree to obtain a Green Card?


To obtain a Green Card through an advanced degree, an individual must either have a job offer from a U.S. employer or be eligible for a National Interest Waiver (NIW). The qualifications for an NIW include that the applicant must possess an advanced degree or exceptional abilities in their field, and must be able to demonstrate that their work will be in the national interest of the United States. Additionally, the applicant must be able to show that they have at least five years of experience in their field and they can prove that their work will benefit the U.S. economy, culture, or education.

3. Is there an expedited process for individuals with advanced degrees to obtain a Green Card?


Yes, there is an expedited process for individuals with advanced degrees to obtain a Green Card. Individuals with an advanced degree (defined as any degree beyond a bachelor’s degree) may be eligible to apply for an EB-2 visa, which allows a foreign national to permanently live and work in the United States. To be eligible for an EB-2 visa, applicants must have a job offer from a U.S. employer and must have credentials showing that they possess an advanced degree or possess exceptional ability in the sciences, arts, or business. The process of obtaining the visa may take several months and requires the applicant to go through the labor certification process and file Form I-140, Petition for Alien Worker.

4. Is it possible for individuals with advanced degrees to obtain a Green Card if they are not sponsored by a U.S. employer?


Yes, it is possible. According to the U.S. Citizenship and Immigration Services, if you have an advanced degree (a U.S. bachelor’s degree or a foreign equivalent degree) and you can demonstrate exceptional ability in the sciences, arts, or business, you may be eligible for an employment-based immigrant visa (also known as a Green Card). Applicants do not have to be sponsored by a U.S. employer in order to be eligible for this visa category.

5. Can individuals with advanced degrees become permanent residents on their own?


Yes, individuals with advanced degrees may be eligible to become permanent residents based on their own credentials. Depending on the individual’s country of origin, a person with an advanced degree may qualify for various employment-based green card categories, including:

* EB-2: Professionals with Advanced Degrees or Exceptional Ability
* EB-3: Skilled Workers, Professionals, and Unskilled Workers

Additionally, an individual with an advanced degree may qualify for certain “points-based” immigration categories that allow foreign nationals to become permanent residents without the need for employer sponsorship.

6. Are any special categories available for individuals with advanced degrees that would help them obtain Green Cards?


Yes, there are special categories for individuals with advanced degrees that can help them obtain Green Cards. One such category is the EB-2 visa, which is available to individuals who have advanced degrees or exceptional ability in certain fields. Another category is the EB-3 visa, which is available to individuals who have at least a bachelor’s degree or the equivalent in a relevant field, or have at least two years of experience in a related field. There are also other categories such as the EB-5 visa and the National Interest Waiver that may be applicable.

7. If an individual with an advanced degree is in the United States on a student visa, can they switch to a Green Card?


Yes, an individual with an advanced degree who is in the U.S. on a student visa can switch to a Green Card. Usually, such individuals may apply for an employment-based Green Card. They need to have a U.S. employer that is willing to sponsor them and file the appropriate paperwork on their behalf. Other options include obtaining a Green Card through family-based sponsorship or investment-based programs.

8. Are there any age restrictions for obtaining a Green Card for individuals with advanced degrees?


Yes, there are age restrictions for obtaining a Green Card through the advanced degree category. The applicant must be under the age of 35 at the time of filing the application.

9. How long does it take to process Green Card applications for individuals with advanced degrees?


The processing time for Green Card applications for individuals with advanced degrees varies, depending on the type of application and the backlog of applications. Generally, applications are processed in 6 to 12 months, but can take up to 18 months or longer.

10. Is there an advantage to obtaining a Green Card through the EB-2 preference category for individuals with advanced degrees?


Yes, there is an advantage to obtaining a Green Card through the EB-2 preference category for individuals with advanced degrees. Specifically, individuals with advanced degrees are eligible to apply for adjustment of status without the need for labor certification. This process typically takes less time than the labor certification process and can help speed up the overall green card application process. Additionally, individuals with advanced degrees may also qualify for National Interest Waiver (NIW) which would exempt them from the labor certification process altogether.

11. What types of documentation are required to apply for a Green Card as an individual with an advanced degree?


In order to apply for a Green Card as an individual with an advanced degree, you will need to submit the following documents:

1. Form I-140, Immigrant Petition for Alien Worker;
2. A copy of your advanced degree diploma or transcript;
3. A Form I-485, Application to Register Permanent Residence or Adjust Status;
4. Evidence of your current immigration status;
5. Proof of any work experience that qualifies you for an advanced degree Green Card;
6. Certification from the U.S. Department of Labor showing that a job offer is not required;
7. A copy of your birth certificate;
8. A copy of your passport bio page;
9. Evidence of financial ability to support yourself in the U.S.; and
10. Any additional documents requested by U.S. Citizenship and Immigration Services (USCIS).

12. Does having an advanced degree make it easier to get approved for a Green Card?


No, having an advanced degree does not make it easier to get approved for a Green Card. There are a variety of other factors that can affect an individual’s eligibility for a Green Card, including their employment history, their family ties to the U.S., and their financial situation.

13. What are the different types of legal immigration options available to individuals with advanced degrees seeking permanent residence in the United States?


Some of the most common types of legal immigration options for individuals with advanced degrees seeking permanent residence in the United States include:

1. Employment-based immigration: This includes options such as the EB-1C Multinational Executive or Manager Green Card, the EB-2 National Interest Waiver, and the EB-3 Skilled Worker Green Card.

2. Family-based immigration: Many individuals who have an advanced degree may be eligible to obtain permanent residence through a family member, such as a spouse, parent, or sibling.

3. Diversity Immigrant Visa Program: This program is also known as the “green card lottery” and provides 50,000 permanent resident visas each year to individuals from countries with low rates of immigration to the United States.

4. Fiancé(e) Visas: These visas are available to those who have a fiancé(e) living abroad and wish to bring them to the United States.

5. Humanitarian Programs: These include asylum, refugee status, and other programs that are designed to protect those fleeing persecution or danger in their home countries.

14. Are there any fees associated with applying for or obtaining a Green Card as an individual with an advanced degree?


Yes, there are certain fees associated with applying for and obtaining a Green Card as an individual with an advanced degree. The fees may vary depending on the specific visa and application type. For example, there is a filing fee for Form I-485 (Application to Register Permanent Residence or Adjust Status). This fee is currently $1,140 for most applicants. In addition, there may be biometric service fees that vary depending on the category of the applicant.

15. Are there any other ways that individuals with advanced degrees can apply for and obtain a Green Card other than through employment sponsorship?


Yes, individuals with advanced degrees can also apply for a Green Card through the Diversity Immigrant Visa Program, also known as the Green Card Lottery. Through this program, individuals from countries with low rates of immigration to the United States can apply for U.S. permanent residency. Additionally, individuals may be eligible for a family-based Green Card if they have a U.S. citizen or permanent resident relative who is willing to sponsor them. Other ways to obtain a Green Card include asylum, refugee status, and special immigrant juvenile status.

16. Are there any other countries that offer special immigration programs for individuals with advanced degrees?


Yes, many countries offer special immigration programs for individuals with advanced degrees, such as Canada’s Federal Skilled Worker Program, Australia’s Skilled Independent Program, New Zealand’s Skilled Migrant Category, and the United Kingdom’s Tier 1 Exceptional Talent Scheme.

17. What is the difference between a Green Card and Permanent Residency status for individuals with advanced degrees in the US?


A Green Card is an identification document issued by the US government to non-citizens that grants them lawful permanent residency in the United States. Permanent Residency status is a legal classification that grants individuals the right to live and work in the United States on a permanent basis. Individuals with advanced degrees can apply for a Green Card, which will grant them Permanent Residency status.

18. What type of work or professional activities must be done in order to qualify for and maintain status as a permanent resident with an advanced degree in the US?


In order to qualify for and maintain status as a permanent resident with an advanced degree in the US, one must be engaged in a lawful job, business, or other professional activity that requires at least a two-year educational degree or equivalent of experience. This could include, but is not limited to, working as a doctor, lawyer, engineer, scientist, teacher, or other profession requiring specialized knowledge or training. Additionally, those with an advanced degree may also qualify for a national interest waiver if their work is deemed to benefit the nation.

19. Are there any restrictions on the types of jobs that can be held by individuals with advanced degrees who have obtained permanent residency status in the US?


Yes, there are restrictions on the types of jobs that can be held by individuals with advanced degrees who have obtained permanent residency status in the US. Employment must be related and directly connected to the field of study for which the degree was obtained. Additionally, employment must meet the minimum wage requirements of the state in which the job is located.

20. How can individuals with advanced degrees maintain their permanent resident status in the US once they have obtained it?


Individuals with advanced degrees can maintain their permanent resident status in the US by adhering to the federal immigration laws and requirements. This includes continuing to meet the criteria for maintaining permanent resident status, such as filing US tax returns, maintaining a physical US residence, not abandoning their permanent resident status for long periods of time, and not engaging in certain activities that could lead to removal from the US (e.g., engaging in criminal activity). Additionally, individuals should apply to become a naturalized US citizen once they are eligible to do so.